People v. Price CA2/4

BACKGROUND

I. Factual Background

The underlying facts presented at trial are discussed in detail in our prior opinion. We summarize them here as relevant to the instant appeal. Appellant was a friend of Rodney Longmiyer. Longmiyer’s cousin, Andrea Fowler, was a friend of the victim, Jeffrey Davis. The prosecution’s theory at trial was that appellant, Longmiyer, and Fowler planned to rob Davis, that in the course of that robbery, appellant assaulted Davis, and that Longmiyer or appellant then fatally shot him. The shooting occurred on August 2, 2012 at around 1:30 p.m. A witness heard two gunshots from the alley behind her apartment building; a few seconds later, she saw three cars in the alley containing individuals she believed were African-American males. She described one of the cars as a four-door, compact car, like a

All further statutory references are to the Penal Code unless

otherwise indicated.

2 Honda or Nissan, and another as a black or blue sedan, “like a Thunderbird.” Fowler called 911 at 1:32 p.m. from her home phone. She reported that she and Davis were in the alley when “some guy started to rob us” and then “somebody shot my friend.” Fowler and Davis…